the thorn tree @thethorntree - Tumblr Blog

One of the most important things I learned in my Language and the Law class is that law enforcement will intentionally misinterpret every type of statement asking for a lawyer as not asking for a lawyer. Even directly saying it like this “I will not speak to you without a lawyer” can be taken as a simple statement of fact rather than a request for a lawyer. You literally have to state “I am now invoking my right to a lawyer” and every time they try to proceed with an interrogation you have to answer every question with “I am invoking my right to have a lawyer present”. You can’t just tell them you won’t talk without a lawyer or that you want a lawyer. You have to state that you are invoking your rights. Otherwise they could just say “well they just said they wouldn’t speak without a lawyer present. That’s not invoking their rights to a lawyer. It’s just stating a fact.” even just stating your right to a lawyer doesn’t count!

penrosesun

PLEASE share this addition. I am a lawyer who works in criminal defense, and this is one of the most avoidable things that people consistently get wrong about the Miranda rights.

Here are some more “ambiguous” phrases which courts have found DO NOT invoke your right to a lawyer:

“Maybe I should speak to my lawyer first.”

“I might like a lawyer.”

“I think I should have a lawyer present for this.”

“Could I speak to my lawyer first?”

“How long until my lawyer gets here?”

And perhaps most egregiously – “Get me a lawyer, dawg – ‘cause this is not what’s up.”

Here are the magic phrases which you need to know if you want to invoke your Miranda rights:

1) “Am I free to leave?”

It’s worth asking this even if the answer is obvious. Even if the officer does not let you leave, by forcing them to admit that you are not free to leave, you are creating a record which your attorney can use to prove that you were in custody. Miranda rights only apply if the interrogation is custodial, meaning that police officers will frequently claim that their suspects were “not in custody” to get around their Miranda rights.

2) “I am invoking my right to remain silent.”

Simply staying silent will not invoke your right to remain silent. As absurd as this is, you must explicitly say that you are invoking your right to remain silent in order to invoke that right.

3) “I am invoking my right to an attorney.”

As stated above, you must be not only clear and unambiguous, but clear and legally unambiguous. Don’t get cute. Don’t get sassy. And on the flip side, don’t get intimidated and use verbal ticks to minimize your request. Say the line with those words exactly – say it clearly, and say it once, and then say nothing else.

Because even after you’ve done all this, the police can still try to get you to talk. They’re not supposed to interrogate you, but they’re allowed to make casual conversation, and if that conversation just happens to circle back around to the thing they wanted to question you about, well, that’s really your fault for talking after you said you wouldn’t, isn’t it? Can’t possibly fault the poor officers when you initiated – if you really wanted to have your rights respected, you wouldn’t have talked to them in the first place.

The police know this, and they will mercilessly exploit this loophole. So, once you’ve successfully invoked your Miranda rights, any and all conversation you have with police officers will put those rights back into jeopardy.

Putting it all together:

Ask: “Am I free to leave?”

If they say no, say: “I am invoking my right to remain silent and I am invoking my right to an attorney.”

And then shut up and do not say a single thing to them for any reason whatsoever until you have actually spoken to an attorney. Yes, even if it takes hours. Yes, even if they start talking to you about something else.

Finally, a very important disclaimer:

I may be a lawyer, but I’m not your lawyer, and I cannot guarantee that what I’ve just laid out here will always work for every situation. We didn’t get to this bizarre and absurd place overnight – we built this ridiculous system piecemeal, by deciding on a case-by-case basis that certain phrases were “too ambiguous” or certain types of questioning weren’t actually questioning at all. The law is still in flux, and is still fundamentally out to get you, and willing to bend plain meaning beyond all recognition to do it. Even if you invoke your rights perfectly, exactly as I have specified above, there’s a chance that your invocation of rights will be disqualified on some new technicality that no one’s even thought of yet – and that’s precisely the problem.

lemonsharks

Watch this video: “Don’t Talk To The Police”

nonbinary-hawke-deactivated2021

I am begging my followers to please watch this video from start to finish. I know it’s long, but it is incredibly valuable information that everyone needs to know, especially if you’re involved in any form of activism.

Every single cop lies. Every single cop lies and manipulates and twists the situation around to get a confession. Even when they know that the person is innocent, even when they know that what they have isn’t enough to convict someone, even when they know that that confession has been made under duress or manipulation. All they care about is getting anything to put someone behind bars.

It doesn’t matter how eloquent or innocent or experienced you are. Do not talk to cops.

pendejavibes

The video is a doozy. Aside from all the good advice, the racist dog whistling from the officer really jumps out. In fact, his whole segment was pretty effective to drive home the point that officers are literally trained to manipulate you and fuck you over. He does say he doesn’t “try” to put innocent people in prison, but he never says he tries to keep them out either. He also explicitly states that he destroys material that could be helpful to you.

In short, DO NOT TALK TO COPS.

i-exist-solely-for-fandom

hey y’all please please please read this and watch the video and do research if you can, this is really scary /srs

natekashiri-exe

Remember folls

ALL cops are out to get you. They do not care about you, not do they care about proving your innocence. A cop’s primary concern is painting you as the villain and getting you behind bars so they can look like the fucking hero.

All cops are the fucking enemy, they will take any sound you utter and use it against you.

Do not say a fucking word to them. Not. One.

oma-goodness

Question: what do you do after making these statements if you have an urgent physical need?

For example, when I realise I need the bathroom, I need it within minutes. Also extreme stress makes me vomit sometimes, although with more warning than the other cases.

ardentdelirium

Say so. Your right to remain silent is to remain silent on the topic of the alleged crime. You can talk about My Little Pony or Murder Drones or anything unrelated to what they brought you in for as much as you want.

The reason it’s recommended that you invoke your right and then say nothing else is that you’re more likely to let information slip off your gabbing about Stucky.

So telling them “I have to pee RIGHT NOW” isn’t waiving your right to remain silent.

That being said, once you get to get your urgent need taken care of, they’re likely to try to get you to talk again, so it’s a good idea to reaffirm that you’re invoking your right to remain silent.

•18+ Adults Only

Watch Anya Live on Cam

Anya is live and ready to show you everything. Watch her strip, dance, and perform exclusive shows just for you. Interact in real-time and make your fantasies come true.

✓ Live Streaming✓ Interactive Chat✓ Private Shows✓ HD Quality✓ Free Actions

Free to watch • No registration required • HD streaming

deadbishop-blog

broken-horn-of-equius

Evidently landlord and lawyer were some rough slander 250 years ago, maybe we still have some things in common with the founding fathers

silencedrowns

my favorite thing about this movie is that it pissed off Nixon so badly (by having a song about how conservatives are obstructionist) that he tried to not only have the song cut but also get the negatives for that scene destroyed and they only added the song back in decades later

it’s on YouTube now though! So you can watch the musical number that made Nixon do a whiny baby tantrum!

beemovieerotica

shout out to the film’s editor who back in the 1970’s completely hid the negatives for that scene for decades allowing us to have it restored for the 2002 re-release

make--it--gayer

veztemporana-deactivated2019061

bonus:

scumbagsblog

I’ve never seen this with the update and it makes it so much funnier

adultlikers

porksweats

e me a mail

fortooate

make the attachment a pic of a snail

jumpingjacktrash

give me two gifs

of critters in clover

nuclearcarrots

then photoshop them on the CLIIIIIIIFFS OF DOVER

bespangeled

In the 1960′s Legally a woman couldn’t

Open a bank account or get a credit card without signed permission from her father or hr husband.

Serve on a jury - because it might inconvenience the family not to have the woman at home being her husband’s helpmate.

Obtain any form of birth control without her husband’s permission. You had to be married, and your hub and had to agree to postpone having children.

Get an Ivy League education. Ivy League schools were men’s colleges ntil the 70′s and 80′s. When they opened their doors to women it was agree that women went there for their MRS. Degee.

Experience equality in the workplace: Kennedy’s Commission on the Status of Women produced a report in 1963 that revealed, among other things, that women earned 59 cents for every dollar that men earned and were kept out of the more lucrative professional positions.

Keep her job if she was pregnant.Until the Pregnancy Discrimination Act in 1978, women were regularly fired from their workplace for being pregnant.

Refuse to have sex with her husband.The mid 70s saw most states recognize marital rape and in 1993 it became criminalized in all 50 states. Nevertheless, marital rape is still often treated differently to other forms of rape in some states even today.

Get a divorce with some degree of ease.Before the No Fault Divorce law in 1969, spouses had to show the faults of the other party, such as adultery, and could easily be overturned by recrimination.

Have a legal abortion in most states.The Roe v. Wade case in 1973 protected a woman’s right to abortion until viability.

Take legal action against workplace sexual harassment. According to The Week, the first time a court recognized office sexual harassment as grounds for legal action was in 1977.

Play college sports Title IX of the Education Amendments of protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance It was nt until this statute that colleges had teams for women’s sports

Apply for men’s Jobs The EEOC rules that sex-segregated help wanted ads in newspapers are illegal. This ruling is upheld in 1973 by the Supreme Court, opening the way for women to apply for higher-paying jobs hitherto open only to men.

This is why we needed feminism - this is why we know that feminism works

galacticdrift

I just want to reiterate this stuff, because I legit get the feeling there are a lot of younger women for whom it hasn’t really sunk in what it is today’s GOP is actively trying to return to.

Did you go to a good college? Shame on you, you took a college placement that could have gone to a man who deserves and needs it to support or prepare for his wife & children. But if you really must attend college, well, some men like that, you can still get married if you focus on finding the right man.

Got a job? Why? A man could be doing that job. You should be at home caring for a family. You shouldn’t be taking that job away from a man who needs it (see college, above). You definitely don’t have a career – you’ll be pregnant and raising children soon, so no need to worry about promoting you.

This shit was within living memory. I’M A MILLENIAL and my mother was in the second class that allowed women at an Ivy League school. Men who are alive today either personally remember shit like this or have parents/family who have raised them into thinking this was the way America functioned back in the blissful Good Old Days. There are literally dudes in the GOP old enough to remember when it was like this and yearn for those days to return.

When people talk about resisting conservativism and the GOP, we’re not just talking about whether the wage gap is a myth or not. We’re talking about whether women even have the fundamental right to exist as individuals, to run their own households and compete for jobs and be considered on an equal footing with men in any arena at all in the first place.

gehayi

I was a child in the 1960s, a teenager in the 1970s, a young adult in the 1980s. This is what it was like: When I was growing up, it was considered unfortunate if a girl was good at sports. Girls were not allowed in Little League. Girls’ teams didn’t exist in high school, except at all-girls’ high schools. Boys played sports, and girls were the cheerleaders. People used to ask me as a child what I wanted to be when I grew up. I said I wanted to be a brain surgeon or the first woman justice on the Supreme Court. Everyone told me it was impossible–those just weren’t realistic goals for a girl–the latter, especially, because you couldn’t trust women to judge fairly and rationally, after all. In the 1960s and 1970s, all women were identified by their marital status, even in arrest reports and obituaries. In elementary school, my science teacher referred to Pierre Curie as DOCTOR Curie and Marie Curie as MRS. Curie…because, as he put it, “she was just his wife.” (Both had doctorates and both were Nobel prize winners, so you would think that both would be accorded respect.) Companies could and did require women to wear dresses and skirts. Failure to do could and did get women fired. And it was legal. It was also legal to fire women for getting married or getting pregnant. The rationale was that a woman who was married or who had a child had no business working; that was what her husband was for. Aetna Insurance, the biggest insurance company in America, fired women for all of the above. A man could rape his wife. Legally. I can remember being twelve years old and reading about legal experts actually debating whether or not a man could actually be said to coerce his wife into having sex. This was a serious debate in 1974. The debate about marital rape came up in my law school, too, in 1984. Could a woman be raped by her husband? The guys all said no–a woman got married, so she was consenting to sex at all times. So I turned it around. I asked them if, since a man had gotten married, that meant that his wife could shove a dildo or a stick or something up his ass any time she wanted to for HER sexual pleasure. (Hey, I thought it was reasonable. If one gender was legally entitled to force sex on the other, then obviously the reverse should also be true.) The male law students didn’t like the idea. Interestingly, they commented that being treated like that would make them feel like a woman. My reaction was, “Thank you for proving my point…” The concept of date rape, when first proposed, was considered laughable. If a woman went out on a date, the argument of legal experts ran, sexual consent was implied. Even more sickening was the fact that in some states–even in the early 1980s–a man could rape his daughter…and it was no worse than a misdemeanor. Women taking self-defense classes in the 1970s and 1980s were frequently described in books and on TV as “cute.” The implication was that it was absurd for a woman to attempt to defend herself, but wasn’t it just adorable for her to try? I was expressly forbidden to take computer classes in junior and senior years of high school–1978-79 and 1979-80–because, as the principal told me, “Only boys have to know that kind of thing. You girls are going to get married, and you won’t use it.” When I was in college–from 1980 to 1984–there were no womens’ studies. The idea hadn’t occurred in many places because the presumption was that there was nothing TO study. My history professor–a man who had a doctorate in history–informed me quite seriously that women had never produced a noted painter, sculptor, composer, architect or scientist because…wait for it…womens’ brains were too small. (He was very surprised when I came up with a list of fifty women gifted in the arts and science, most of whom he had never heard of before.) When Walter Mondale picked Geraldine Ferraro as a running mate in 1984, the press hailed it as a disaster. What would happen, they asked fearfully, if Mondale died and Ferraro became president? What if an international crisis arose and she was menstruating? She could push the nuclear button in a fit of PMS! It would be the end of the WORLD!! …No, they WEREN’T kidding. On the surface, things are very different now than they were when I was a child, a teen and a young adult. But I’m afraid that people now do not realize what it was like then. I’ve read a lot of posts from young women who say that they are not feminists. If the only exposure to feminism they have is the work of extremists, I cannot blame them overmuch. I wish that I could tell them what feminism was like when it was new–when the dream of legal equality was just a dream, and hadn’t even begun to come true. When “woman’s work” was a sneer–and an overt putdown. When people tut-tutted over bright and athletic girls with the words, “Really, it’s a shame she’s not a boy.” That lack of feminism wasn’t all men opening doors and picking up checks. A lot of it was an attitude of patronizing contempt that hasn’t entirely died out, but which has become less publicly acceptable. I wish I could make them feel what it was like…when grown men were called “men” and grown women were “girls.”

drst

Know your history.

hedwig-dordt

So this, too, is what they mean saying “make America great again” and/or the good old days.

shatterpath

REBLOG FOREVER.

toooldforthissh--stuff

I am 70. I remember all those things. I was a student nurse from 64 to 67 and we were not permitted to “finish” a bed bath on a male or insert a catheter in a male. Seeing male genitals might cause us “harm” or upset our delicate sensibilities. Imagine when we graduated and were “thrown” to the wolves. Imagine if you were a male patient who had to be the first to be “practiced” on by a graduate nurse. (Ha!) At the school I attended no student nurse could be married. Only one school in my city (Atlanta) would even admit married women and Male Nurses weren’t even thought of. What man would want to be a nurse when he could be a Doctor. In all my training I only remember 3 or 4 Women who were Doctor’s and a very few, (less than 5 or 6) female interns or residents (and this was a teaching hospital) and most of those were OB/Gyns and one was a pediatrician.

When I graduated and was going to get married I wanted to go on birth control pills. You needed to be on them for a least one cycle before they were effective. I won’t go into what hoops I had to jump through to get a prescription from my Dr. (a man, natch) but when i went to the drug store to get the prescription filled I ended up having to get my future husband to “accompany” me so the pharmacist “interview” him and see if it was okay with him for me to be on the pill.

Even when we went to get a marriage license I had to get my Father’s signature and we had to go before a Judge because I was not yet 21 (I was 20 and 9 months).

I could go on and on, getting a credit card in MY name, etc., but I will tell you that WE MUST RESIST.

casper-the-friendly-being-blog

The number of people I know who romanticize gender inequality is frankly terrifying. A world never existed in which the lives of women were simplified by benevolent men who saw to her every want and need. That was not a thing. A world never existed in which women were all ladies, men were all gentlemen, & everything was some great big cishet fairytale. Feminists aren’t a bunch of upstarts who want to destroy a perfectly wholesome and non-harmful system. Just…look at history. Look at the posts above. We. Must. Resist..

rivergst-deactivated20191102

About 8: The State of New York only added No-Fault Divorce as an option in 2010 (!!!)

systlin

I want to repeat here.

This is what they mean, when they say “Old-fashioned values”

When conservatives start waxing lyrical about the ‘good old days’, this is what they mean. They are fully aware how much things blew for women, and they would like to return to that.

whatbigotspost

At first I re-blogged this with no commentary added because it’s already so thorough and good.

But then I realized I actually do want to add something. This was written nine years ago. In the 9 years that have come to pass the white nationalist Christian fascism ultra right agenda of misogyny has had many victories.

In the United States just off the top of my head a very few examples: there’s no longer a legally protected right to abortion. Countless laws across our country police, how woman you must look or be to enter a public bathroom. We know with certainty the president and countless people around him are pedophiles and rapists. Women’s participation in the workforce has been rolled back to 1980s levels. The pressure to be thin is higher now than 10 years ago.

•18+ Adults Only

Watch Anya Live on Cam

Anya is live and ready to show you everything. Watch her strip, dance, and perform exclusive shows just for you. Interact in real-time and make your fantasies come true.

✓ Live Streaming✓ Interactive Chat✓ Private Shows✓ HD Quality✓ Free Actions

Free to watch • No registration required • HD streaming

storyweavingspider

If you are a white person in a racialized person’s life, especially as a partner or close friend, you should go out of your way to ask regularly “hey is there anything you have been holding on to that I did?” and critically both fix it and NOT DO ANYTHING TO PUNISH THEM FOR TELLING YOU.

As a white person raised in a white supremacist society, you’re gonna fuck up sometimes. That’s just a fact. But racialized people often aren’t able/comfortable speaking up when y’all do some shit because of the power imbalance/not feeling up to educating when you may be resistant/don’t think the “fight” will be Worth It.

Show initiative without making it A Struggle or playing the white guilt card. Show you actually care about them, their struggles, and the way you interact with them BEFORE they have to have a bigger Conversation with you, beyond when they need to yell about someone else being racist.

And for fucks sake if they’re making/showing you something from their culture fucking act like you realize the importance of that, that they’re showing you shows they grew up with or making you food they made with their families, that they’re letting you in and trusting you more than other whites in their life.

mintendo96

This would honestly be life changing for me. The idea came up because I feel so incapable of telling the people in my life when they do racist shit. And like furthermore, actually respond beyond just an I'm sorry. Like for the love of god actually internalize the shit the Black and Brown folks say to you.

mintendo96

I'm seeing a lot of tags from white people saying something along the lines of please tell me if I fuck up and like that really goes against the point of the post. Racialized people have to swallow so much racism on a daily basis and it's impossible to tell who is safe to confront.

Even close friends or partners are not necessarily safe. I have had partners dismiss accusations of racism just off hand, I have had partners treat me like a repository for knowledge on Muslim cultural practices despite the fact that *my family has been Christian since Jesus,* hell I have had a partner say I was overplaying my pain at the genocide to get sympathy.

Racialized people are constantly waiting for the other shoe to job. Constantly waiting for their "antiracist" white friend to decide they have learned all they need to. We need you to ask. We need you to care enough to be proactive literally at all. Stop asking us to trust you without doing any fucking work to prove you are trustworthy.

storyweavingspider

To emphasize

IF YOU ARE WHITE YOU HAVE TO TAKE THE FIRST STEP OR YOU ARE JUST PUTTING MORE LABOR AND DANGER ON YOUR RACIALIZED FRIENDS FOR YOUR FUCKING COMFORT

Fucking reblog this each time you see it so that it gets drilled into other whites heads

yorgen-sh

The Chinese shoe manufacturer decided to demonstrate the indestructibility of their shoes

scarlettohairdye

And also the indestructibility of that woman's ankles

onlytiktoks

unclefathersantateddy

Oh my god????

Oh my god.

tilthat

TIL “Yankee Doodle” was written by the British to mock americans. “Doodle” is thought to come from the German “dödel”, meaning “fool” or “simpleton” and “macaroni,” a flamboyantly stylish type of dress, painting the Yankees as morons who thought placing a feather in one’s cap made them a “dandy.”

via reddit.com

toastpotent-deactivated20250619

so you’re telling me that “stuck a feather in his hat and called it macaroni” would be like saying “wrote a G on his belt and called it gucci”

beggars-opera

that’s…a pretty good analogy actually

ti-bae-rius

US moron came to town

Hunting for some coochie

Wrote a G up on his belt

And this bitch called it Gucci

ti-bae-rius

Seeing my notifications get flooded with this every July 4th is the only thing I respect about America

ethanmaldridge

"The America I loved still exists, if not in the White House or the Supreme Court or the Senate or the House of Representatives or the media. The America I love still exists at the front desks of our public libraries."

-Kurt Vonnegut, A Man Without a Country

•18+ Adults Only

Watch Anya Live on Cam

Anya is live and ready to show you everything. Watch her strip, dance, and perform exclusive shows just for you. Interact in real-time and make your fantasies come true.

✓ Live Streaming✓ Interactive Chat✓ Private Shows✓ HD Quality✓ Free Actions

Free to watch • No registration required • HD streaming

cherryhatter-deactivated2015072

KICK THE CAN!

Let’s play the biggest game of kick the can on the internet.

To kick the can, reblog it. I wanna see how long this can go on for.

visibun

the oldest reblogs for this post that i can find are from january 2nd of 2013. this can has been getting kicked around tumblr for almost 13½ years now

wolf-eared-fangirl

*kick!*

aimasup

kick!

going2hell4everythingbutbeingbi

it really is crazy that women's clothes don't fit anybody. fat women can't find clothes, skinny women can't find clothes, tall women can't find clothes, short women can't find clothes, big chested women can't find clothes, small chested women can't find clothes. who the fuck are these being made for

going2hell4everythingbutbeingbi

we all really resonated with this one huh

leonardcohenofficial

On July 5, 1852, Frederick Douglass was invited to address the citizens of his hometown, Rochester, New York. Whatever the expectations of h

yearly required reading

dingdongyouarewrong

i'm getting the sense some of you are not actually forklift certified.

averagejoey2000

dingdongyouarewrong

well damn . egg on my face

dingdongyouarewrong

THE PLOT THICKENS @averagejoey2000 explain yourself

averagejoey2000

I can't believe this is how I'm finding out that I got a scam forklift cert.

I took the cargo ops class at school but my teacher explained that it doesn't give a certification and I'd only be okay for ship's crane and the school forklifts. she said I could take an online exam and get my cert. I paid 60 bucks.

I'm googling and I'm seeing a lot of resources saying that the online programs cover the classroom part of the exam but not the in person practical aspect.

29 CFR 1910.178 (l)(2)(ii)

but I did the in person practical shit at school.

averagejoey2000

the back of the card even had fancy numbers on it. I couldn't have known that this isn't the one. this website sounded more official than certifyme.net, and there wasn't one with a .gov address.

averagejoey2000

so, I emailed OSHA, and they said that so long as I live and work in California, there's no such thing as forklift certification. I have to be told how to do it every time I get the job.

averagejoey2000

Update: I took a certification class in shipboard Material Handling Equipment at my federal job. *now* I'm forklift certified, but only on ships and piers and only for this company, but also rated to forklift explosives and hazardous materials. Also I'm a woman now.

deadpowol

•18+ Adults Only

Watch Anya Live on Cam

Anya is live and ready to show you everything. Watch her strip, dance, and perform exclusive shows just for you. Interact in real-time and make your fantasies come true.

✓ Live Streaming✓ Interactive Chat✓ Private Shows✓ HD Quality✓ Free Actions

Free to watch • No registration required • HD streaming